Scarytime

Being sued...HELP

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1. Who is the named plaintiff in the suit? American Express Centurion Bank

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Michael and Associates

3. How much are you being sued for? $4600

4. Who is the original creditor? (if not the Plaintiff) Plaintiff

5. How do you know you are being sued? (You were served, right?) Yes

6. How were you served? (Mail, In person, Notice on door)  In Person

7. Was the service legal as required by your state? Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Los Angeles, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2012 (will double check the month)

11. What is the SOL on the debt? To find out: 4 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Trial set for 2/2015, this was done after I filed the denial

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. 30 days, already responded

 

We need to know what the "charges" are. Please post what they are claiming.

Breach of Contract

Common Counts: Account Stated and Book Account

Quantum Meruit Reasonable Value

Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Agreement (unsigned) with last statement from AMEX.  Sent the discovery and they sent me all the statements from 2008-2013

 

Received summons at my home Dec 22nd.  Filed a denial at the court house and was immediately given a court date for next year (2015).  Sent in my request for production of documents and yesterday I received a very heavy package with my statements from 2007-2013. How do I proceed?

 

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Oh how I love when these plaintiffs use breach of contract right along with account stated! Gets even better with quantum meruit!

I'd get a BoP sent as soon as you're able. How many requests were made in your discovery request? How many items did you ask for? Did you also send interrogatories? RFA's?

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This is what I sent them.  I have not sent interrogatories or RFA's

 

 

To PLAINTIFF American Express Centurion Bank, a Utah state chartered bank  and [its/their] attorneys of record herein:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant XXXX, an Individual, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. [Add anything else relevant i.e. contract assigning the account to plaintiff]


 

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Ooops I'm sorry I have sent the BOP already and they responded with a big package full of statements from 2007-2013.  Do I need to send anything else after this?

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I received Interrogatories from the Plaintiff and I'm not sure how to answer.  Your assistance is highly appreciated

 

  1. State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages
  2. State in detail the fact upon which you base your contention that you are not responsible, in whole, part, for plaintiff damages.
  3. State the name, ADDRESS and the telephone number of each person, other than the PERSON asking this interrogatory, who is responsible, in whole, part, for damages claimed in this action
  4. Identify all documents that are part of the agreement for each state the name, address and telephone number of the person who has each document
  5. State each part of the agreement not in writing, the name, ADDRESS and telephone number of each person agreeing to that provision, and the date that part of the agreement was made
  6. Identify all documents that evidence each part of the agreement, and for each state the name, address, and telephone number of the person who has each document
  7. Identify all documents that are part of each modification of the agreement not in writing and for each state the name address, and telephone number of the person who has each document
  8. State each modification not in writing, the date, and the name, address and telephone number of the person agreeing to the modification, and the date the modification was made
  9. Identify all documents that evidence each modification of the agreement not in writing and for each state the name, address and telephone number of the person who has each document
  10. Describe and give the date of every act or omission that you claim is a breach of the agreement
  11. Identify each agreement excused and state why performance was excused.
  12. Identify each agreement terminated by mutual consent and state why it was terminated, including dates
  13. Identify each unenforceable agreement and state the facts upon which your answer is based
  14. Identify each ambiguous agreement and state the facts upon which your answer is based

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Those are some strange interrogs, they're almost all vague and ambiguous or not related to the case. I would likely object to most of these. The ones asking for documents can be answered that you don't have the requested documents.

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@Scarytime Just make sure if you object, you state a reason. Like: Objection, interrogatory is vague, ambiguous and not likely to lead to admissible evidence.

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@Spikey thanks, I'm so confused and have been scouring the website to see similar interrogatories but I can't find any.  I will work on the answers.  I really appreciate you help :)

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Discovery done well is both art and science IMHO. It is a bit intimidating to me.

 

I would look to the rules for how to answer rogs (not sure if this is the latest): http://law.justia.com/codes/california/2010/ccp/2030.210-2030.310.html.

 

They do seem to be strange rogs. I would be looking at answering many of the "identify" requests with something along the lines of not being aware of or in possession of any such agreement/modification/etc. A direct answer, when available, would always seem preferable to an objections AFAIK.

 

This site seems to have some useful information on rogs: http://california-discovery-law.com/interrogatories.htm#FORM_of_answers

 

 

I received Interrogatories from the Plaintiff and I'm not sure how to answer.  Your assistance is highly appreciated

 

  1. State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages

...

Without having filed a counterclaim request #1 seems irrelevant and nonsensical. They really want to know how they damaged me?

 

Of course I would want to timely hit opposing with rogs, admissions, and production requests. I find they really appreciate the effort. ;-)

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OK, the "strangeness" is explained. They appear to be form interrogatories: http://www.courts.ca.gov/documents/disc004.pdf

Sections 115 and 150 seems to be relevant.

 

I have never used "form" (uniform?) interrogatories or been served them.They perhaps have some advantages over non-uniform interrogatories and I would  probably want to learn the differences before propounding my discovery as I presume I may have a choice in which I use.

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I read the ROGS and immediately recognized them as form ROGS. Glad I make sure I read through each post before jumping to reply so I don't make the mistake of parroting information! My friend received them which is why I recognize them, and to me, some of them make no sense. The first one for example, seems as though it would only be appropriate if a counter claim existed.

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Ok so here goes...Let me know if the answers are sufficient to proceed

 

Interrogatories

  1. State the name, address, telephone # and relationship to you of each person who prepared or assisted in the preparation of the responses to these interrogatories

ANSWER: I HAD NO ASSISTANCE IN PREPARING OF THE RESPONSES TO THESE INTERROGATORIES.

  1. State your Name, any other names by which you have been known, and your address

ANSWER: Scarytime

  1. State each residence address for the last 5 years and the dates you lives at each address

ANSWER: ADDRESS,  I OBJECT TO THE REMAINDER OF THE INTERROGATORY AS BEING IRRELEVANT AND INVASIVE OF MY PRIVACY

  1. State the name, address and telephone number of each employer you have had in the past five years and the dates you worked for each

ANSWER: I OBJECT TO ANSWERING THIS INTERROGATORY AS BEING IRRELEVANT AND INVASIVE OF MY PRIVACY.

  1. State you current business name and address, type of business entity and your title

ANSWER: I OBJECT TO ANSWERING THIS INTERROGATORY AS BEING IRRELEVANT AND INVASIVE OF MY PRIVACY

  1. State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages

 

ANSWER:I OBJECT TO ANSWERING THIS INTERROGATORY IT IS IRRELEVANT TO THE CASE AT HAND.

 

  1. State in detail the fact upon which you base your contention that you are not responsible, in whole, part, for plaintiff damages.

 

ANSWER: PLAINTIFF HAD THE OBLIGATION TO PROVE THAT I AM RESPONSIBLE FOR NAY ALLEGED DAMAGES THEY MIGHT HAVE SUSTAINED THAT WERE CAUSED BY ME. I CANNOT PROVE A NEGATIVE STATEMENT.

 

  1. State the name, ADDRESS and the telephone number of each person, other than the PERSON asking this interrogatory, who is responsible, in whole, part, for damages claimed in this action

 

ANSWER: THE INFORMATION REQUESTED IS NOT IN MY POSSESION

 

  1. Identify all documents that are part of the agreement for each state the name, address and telephone number of the person who has each document

 

ANSWER: DEFENDANT HAS NO AGREEMENT WITH PLAINTIFF; DEFENDANT HAS NO DOCUMENT.

 

  1. State each part of the agreement not in writing, the name, ADDRESS and telephone number of each person agreeing to that provision, and the date that part of the agreement was made

 

ANSWER: DEFENDANT HAS NO AGREEMENT WITH THE PALINTIFF. N/A

 

  1. Identify all documents that evidence each part of the agreement, and for each state the name, address, and telephone number of the person who has each document

 

ANSWER: DEFENDANT HAS NO AGREEMENT WITH PLAINTIFF; DEFENDANT HAS NO DOCUMENT.

 

  1. Identify all documents that are part of each modification of the agreement not in writing and for each state the name address, and telephone number of the person who has each document

 

ANSWER: N/A

 

  1. State each modification not in writing, the date, and the name, address and telephone number of the person agreeing to the modification, and the date the modification was made

 

ANSWER: N/A

 

  1. Identify all documents that evidence each modification of the agreement not in writing and for each state the name, address and telephone number of the person who has each document

 

ANSWER: N/A

  1. Describe and give the date of every act or omission that you claim is a breach of the agreement

 

ANSWER: N/A

  1. Identify each agreement excused and state why performance was excused.

ANSWER: N/A

 

  1. Identify each agreement terminated by mutual consent and state why it was terminated, including dates

ANSWER: N/A

  1. Identify each unenforceable agreement and state the facts upon which your answer is based

 

ANSWER: N/A

  1. Identify each ambiguous agreement and state the facts upon which your answer is based

I did not apply, charge, or paid for THE CREDIT ACCOUNT.

I have never agreed to the terms and conditions, by contract or by implication, of THE CREDIT ACCOUNT.

 I have never entered any contract or agreement, by written agreement or by implication, with Plaintiff

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Also, here are my answers to the Request for admissions ...my head is spinning

 

Request for admissions

 

  1. Admit that you entered into a written contract with Plaintiff wherein you were issued a card for the purposes of obtaining goods and/or services a/or cash advances from businesses that honor the card

         DENY

  1. Admit that within the last 4 year, you utilized your card for the purposes of obtaining goods and/or services and/or cash advances from businesses that honor the card

DENY

 

  1. Admit that within the last 4 years, you failed to make the minimum payments on your card

DENY

 

  1. Admit that you received your card statement on a monthly basis at the address xxxxxxx

       DENY

 

  1. Admit that the attached and marked exhibit A is a true and correct copy of the card statement that was mailed to you at address xxxxx

Objection. Defendant has denied knowledge of the account

 

  1. Admit that you received the agreement between the card member and Amex dated xxxx 2009 attached hereto as exhibit B

Objection. Defendant has denied knowledge of the account

  1. Admit that you agreed to the terms and conditions set forth on exhibit B

Objection. Defendant has denied knowledge of the account

 

  1. Admit that you received the cardmember agreement dated Dec 3 attached hereto

Objection. Defendant has denied knowledge of the account

 

  1. Admit that you agreed to the updated terms and conditions set for the in exhibit C (card member agreement) when you used you card

Objection. Defendant has denied knowledge of the account

 

 

  1. Admit you owe the plaintiff the principal amount of xxxx as a result of the usage of the card account ending in xxxxxxxx

Objection. Defendant has denied knowledge of the account

 

 

 

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I suggest with the admissions where you object, tack on "therefore deny" at the end of them. That protects you in case they try to claim that your objections are unfounded and try to get them ruled admitted by the court. Otherwise the admissions look fine. 

 

 

 

ANSWER: I OBJECT TO ANSWERING THIS INTERROGATORY AS BEING IRRELEVANT AND INVASIVE OF MY PRIVACY

 

You could add that to these answers that the interrogatory is not likely lead to admissible evidence.

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If it were mine I would just remove the word "objection" and replace it with "DENY"  that way there is no confusion and no possibility of motioning to get them admitted.

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...my head is spinning

 

 

Remember you have 30 days to respond (not sure when you received this). Don't send them early, and use CMRRR or they will say they never got your response. 

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I'm back again..They have sent me a demand for expert trial witness information and demand for production of expert reports and writings. Along with that they also sent PLAINTIFF EXPERT WITNESS DECLATION and NOTICE TO APPEAR AT TRIAL

 

So my understaing is they will not be calling a witness to appear for the Plaintiff (AMEX) but if I have a witness I should let them know. Is this correct?  I have no witness, what do I need to send to them?

 

I appreciate all the help!

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so what you have is a ccp96 request from plaintiff. since you will not be taking any witness to trial, you can either not respond or respond saying that documents and witness will be used for impeachment only.

 

the "PLAINTIFF EXPERT WITNESS DECLATION" I think is their CCP 98. remember to object to the declaration and subpoena the witness.

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experts in these forums recommend you send a reply to their request stating that documents and witness will be used for impeachment only because it send a message that you will put up a fight in court.

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experts in these forums recommend you send a reply to their request stating that documents and witness will be used for impeachment only because it send a message that you will put up a fight in court.

Experts in these forums recommend you send a reply to their request stating that documents and witness will be used for impeachment. [PERIOD]

BEST ADVICE:

FOLLOW EXPERTS IN THESE FORUMS' RECOMMENDATIONS & DO NOT USE THIS TIME IN YOUR LIFE TO GET CREATIVE, OR TRY RECREATING THE WHEEL, as it were.

OUR COMMON GOAL:

THE VERY BEST OUTCOME POSSIBLE IN EACH CASE.

___NOT___ AN AWARD FOR TRYING THE NEW & DIFFERENT.

Let's save that for the victory party buffet sampling! Yes?

Warmly,

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I'm back again..They have sent me a demand for expert trial witness information and demand for production of expert reports and writings. Along with that they also sent PLAINTIFF EXPERT WITNESS DECLATION 

 

Really?  They want expert witness info?  As in ccp2034.210, et. seq?  

 

I haven't seen this here before, but I think you'll have to provide a statement by the date in the demand:

 

<<2034.260.  (a) All parties who have appeared in the action shall

exchange information concerning expert witnesses in writing on or

before the date of exchange specified in the demand. The exchange of

information may occur at a meeting of the attorneys for the parties

involved or by a mailing on or before the date of exchange.

   ( b ) The exchange of expert witness information shall include

either of the following:

   (1) A list setting forth the name and address of any person whose

expert opinion that party expects to offer in evidence at the trial.

   (2) A statement that the party does not presently intend to offer

the testimony of any expert witness.>>

 

 

Curious about the contents of their "expert information" ....

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